Coulter v. American Bakeries Co.
Court of Appeal of Florida, First District
530 So. 2d 1009 (1988)
Gladys Coulter (plaintiff) bought a doughnut from American Bakeries Company (ABC) (defendant). Due to an abscessed tooth, Coulter could not chew the doughnut. Instead, Coulter put pieces of the donut in her mouth and sipped milk through a straw to help dissolve the doughnut before swallowing. Coulter did not chew the donut and consequently did not feel a metal wire in the donut pieces, which wound up getting stuck in her throat, causing injury. Coulter brought suit against ABC for breach of implied warranty. ABC defended itself on the ground that Coulter was comparatively negligent in the manner in which she ate the doughnut. The trial judge instructed the jury on comparative negligence. The jury returned a verdict for Coulter, but reduced her damages by 80 percent on account of her comparative negligence. Coulter appealed.
Rule of Law
Holding and Reasoning (Wigginton, J.)
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